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In general, minors are liable for their misdeeds. However, when a minor acts intentionally or negligently in a manner that causes harm to another, it is difficult to collect damages from the minor. In such a situation, the minor's parents may also be held liable for their child's acts and/or ordered to pay for them.
Emancipation generally occurs when a child reaches the age of majority (21), but can occur earlier due to marriage, entering active duty in the military, etc. Children can't enter into contracts, or at least, be responsible for upholding their end of the contract, until they are 18 years old.
Liability waivers are enforceable in California solely to the extent they shift to the customer the risk of ordinary negligence. Under California law, a liability waiver cannot excuse an injury caused by a defendant's gross negligence, recklessness or intentionally wrongful act.
Parental obligations typically end when a child reaches the age of majority, which is 18 years old in most states. However, you may wish to check your state's legal ages laws to see if they vary from this standard.
If the risks are specifically outlined in the waiver, chances are you will experience them. If nothing else, reading the waiver will prepare you for the activity, which may help you avoid injuries. The document will also state that signing the waiver releases the company of any injury liability.
But just as minors don't have the legal capacity to sign contracts, get married, or do so many other things adults can do, minors can't file lawsuits in Colorado.
Many people assume that eighteen years old is the age at which children are emancipated. However, in Colorado, children are emancipated at the age of nineteen. Therefore, parents have to honor their child support obligation until each child reaches the age of nineteen.
In California, waivers of liability are generally enforceable so long as they have been drafted correctly, are explicit as to the scope of coverage, are legible and use high-visibility text, and do not illegally waive unknown or unrelated claims.
A release of liability, also known as a liability waiver or a hold harmless agreement, is a contract in which one party agrees not to hold another party liable for damages or injury. These contracts are common in fields that involve some risk to property, finances, or health.
To sum it up, customers can still sue business owners even when they've signed a waiver to use the business.